Donald
Michael Mathison of the Richland County Public Defender's
Office and Chief Appellate Defender Robert Michael Dudek,
both of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney
General James Clayton Mitchell, III, both of Columbia; and
Solicitor Scarlett Anne Wilson, of Charleston, for
Respondent.

LOCKEMY, C.J.

Denzel
Heyward appeals his convictions for attempted murder, armed
robbery, and possession of a weapon during the commission of
a violent crime. Heyward argues the trial court erred in (1)
admitting a photo lineup identification into evidence; (2)
admitting evidence of domestic violence by Heyward against a
witness; and (3) commencing sentencing proceedings at 1:30
a.m. and permitting victim impact testimony unrelated to the
crimes for which Heyward was convicted. We affirm.

FACTS/PROCEDURAL
BACKGROUND

Heyward
was indicted in January 2014 for the murder of Kadeem
Chambers, the attempted murder of Jujuain Hemingway, armed
robbery, and possession of a weapon during the commission of
a violent crime. A jury trial was held November 10-15, 2014.

At
trial, Quasantrina Rivers[1] testified for the State. According to
Rivers, on the night of May 16, 2012, she drove Heyward and
Dashaun Simmons[2] to Johns Island, South Carolina. Rivers
testified she and Heyward had a disagreement that night and
she was forced into the car. Rivers drove Heyward and Simmons
to the home of "Skrill, " a friend of Heyward. When
they arrived, Heyward entered Skrill's home and returned
with a duffel bag containing a gun that he then placed in the
trunk of Rivers' car. Rivers then drove Heyward and
Simmons to the home of Lorenzo Mehciz. According to Rivers,
Chambers and Hemingway arrived at Lorenzo's home in
another car shortly thereafter. Rivers testified Heyward
approached Chambers and "bum-rushed" him, slamming
him against his car. Simmons, armed with a gun, then ran
towards the men and ordered Chambers and Hemingway to get on
the ground. Heyward and Simmons repeatedly asked Chambers and
Hemingway, "Where is the money at" and the men
replied they didn't have anything. Rivers testified
Heyward "stomped" Hemingway's head while he was
on the ground multiple times. Simmons then fired a shot
towards Hemingway who was still lying on the ground.
According to Rivers, Chambers began tussling with Simmons on
the ground and two more shots were fired, both striking
Chambers. Heyward and Simmons ran back towards Rivers'
car, placed the gun in the backseat, and Rivers drove the car
away from the scene. Chambers and Hemingway also ran from the
scene. Chambers was found by officers shortly after the
shooting bleeding heavily in his wrecked car. Chambers told
an officer he was shot by "Fat." Several witnesses
stated Heyward's nickname is "Fat." Chambers
later died at the hospital.

After
the shooting, Rivers drove Heyward and Simmons back to
Skrill's house. Rivers testified Heyward talked to
Lorenzo on the phone after the shooting and instructed
Lorenzo not to discuss what happened.[3] Verna Lockhart-Carter,
Lorenzo's mother, also testified at the trial. The
shooting took place outside the home she shared with Lorenzo.
Lockhart-Carter testified she arrived home on the night of
May 16, 2012, and Lorenzo was outside talking to Heyward.

On May
17, 2012, just hours after the shooting, Hemingway gave
descriptions of the assailants to investigators. On May 18,
2012, investigators presented Hemingway with a six-person
photo lineup containing Heyward's photo. Hemingway failed
to make an identification. The following day, investigators
presented Hemingway with a second photo lineup also
containing a photo of Heyward. Hemingway identified Heyward.
Hemingway was unable to identify Simmons or Rivers in
subsequent photo lineups. Heyward was subsequently arrested.

The
jury found Heyward guilty of attempted murder, armed robbery,
and possession of a weapon during the commission of a violent
crime. A mistrial was declared as to the murder charge. The
trial court sentenced Heyward to consecutive sentences of
thirty years for attempted murder, thirty years for armed
robbery, and five years for the weapons charge. This appeal
followed.

STANDARD
OF REVIEW

&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;"In
criminal cases, this [c]ourt sits to review errors of law
only and is bound by factual findings of the trial court
unless an abuse of discretion is shown." State v.
Laney, 367 S.C. 639, 643, 627 S.E.2d 726, 729 (2006). An
abuse of discretion occurs when the court's decision is
unsupported by the evidence or controlled ...

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